Topic: Law (Page 5)

You are looking at all articles with the topic "Law". We found 93 matches.

Hint: To view all topics, click here. Too see the most popular topics, click here instead.

🔗 Lemon Law

🔗 United States 🔗 Law

Lemon laws are United States state laws that provide a remedy for purchasers of cars and other consumer goods in order to compensate for products that repeatedly fail to meet standards of quality and performance. Although many types of products can be defective, the term "lemon" is mostly used to describe defective motor vehicles, such as cars, trucks, and motorcycles.

Discussed on

🔗 Charter of the Forest

🔗 Law 🔗 England 🔗 Middle Ages 🔗 Middle Ages/History

The Charter of the Forest of 1217 (Latin: Carta Foresta) is a charter that re-established for free men rights of access to the royal forest that had been eroded by William the Conqueror and his heirs. Many of its provisions were in force for centuries afterwards. It was originally sealed in England by the young King Henry III, acting under the regency of William Marshall, 1st Earl of Pembroke. It was in many ways a companion document to Magna Carta, and redressed some applications of the Anglo-Norman Forest Law that had been extended and abused by William Rufus.

Discussed on

🔗 Heckler's Veto

🔗 Law

In the United States, a heckler's veto is a situation in which a party who disagrees with a speaker's message is able to unilaterally trigger events that result in the speaker being silenced. For example, a heckler can disrupt a speech to the point that the speech is canceled.

In the legal sense, a heckler's veto occurs when the speaker's right is curtailed or restricted by the government in order to prevent a reacting party's behavior. The common example is the termination of a speech or demonstration in the interest of maintaining the public peace based on the anticipated negative reaction of someone opposed to that speech or demonstration.

The term heckler's veto was coined by University of Chicago professor of law Harry Kalven. Colloquially, the concept is invoked in situations where hecklers or demonstrators silence a speaker without intervention of the law.

Discussed on

🔗 Indian Citizenship Act of 1924

🔗 United States 🔗 Law 🔗 Indigenous peoples of North America

The Indian Citizenship Act of 1924, (43 Stat. 253, enacted June 2, 1924) was an Act of the United States Congress that granted US citizenship to the indigenous peoples of the United States. While the Fourteenth Amendment to the United States Constitution defines a citizen as any persons born in the United States and subject to its laws and jurisdiction, the amendment had previously been interpreted by the courts not to apply to Native peoples.

The act was proposed by Representative Homer P. Snyder (R-NY), and signed into law by President Calvin Coolidge on June 2, 1924. It was enacted partially in recognition of the thousands of Native Americans who served in the armed forces during the First World War.

Discussed on

🔗 US Supreme Court upholds state power to enforce compulsory vaccination (1905)

🔗 Law 🔗 U.S. Supreme Court cases

Jacobson v. Massachusetts, 197 U.S. 11 (1905), was a United States Supreme Court case in which the Court upheld the authority of states to enforce compulsory vaccination laws. The Court's decision articulated the view that the freedom of the individual must sometimes be subordinated to the common welfare and is subject to the police power of the state.

🔗 Non-compete clause

🔗 Law

In contract law, a non-compete clause (often NCC), or covenant not to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer). Some courts refer to these as "restrictive covenants". As a contract provision, a CNC is bound by traditional contract requirements including the consideration doctrine.

The use of such clauses is premised on the possibility that upon their termination or resignation, an employee might begin working for a competitor or start a business, and gain competitive advantage by exploiting confidential information about their former employer's operations or trade secrets, or sensitive information such as customer/client lists, business practices, upcoming products, and marketing plans.

However, an over-broad CNC may prevent an employee from working elsewhere at all. English common law originally held any such constraint to be unenforceable under the public policy doctrine. Contemporary case law permits exceptions, but generally will only enforce CNCs to the extent necessary to protect the employer. Most jurisdictions in which such contracts have been examined by the courts have deemed CNCs to be legally binding so long as the clause contains reasonable limitations as to the geographical area and time period in which an employee of a company may not compete.

The extent to which non-compete clauses are legally allowed varies per jurisdiction. For example, the state of California in the United States invalidates non-compete-clauses for all but equity stakeholders in the sale of business interests.

Discussed on

🔗 War Powers Resolution

🔗 United States/U.S. Government 🔗 United States 🔗 Military history 🔗 Military history/North American military history 🔗 Military history/United States military history 🔗 Law 🔗 United States History 🔗 U.S. Congress 🔗 Military history/National militaries 🔗 Vietnam

The War Powers Resolution (also known as the War Powers Resolution of 1973 or the War Powers Act) (50 U.S.C. ch. 33) is a federal law intended to check the U.S. president's power to commit the United States to an armed conflict without the consent of the U.S. Congress. The resolution was adopted in the form of a United States congressional joint resolution. It provides that the president can send the U.S. Armed Forces into action abroad only by declaration of war by Congress, "statutory authorization", or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces".

The bill was introduced by Clement Zablocki, a Democratic congressman representing Wisconsin's 4th district. The bill had bipartisan support and was co-sponsored by a number of U.S. military veterans. The War Powers Resolution requires the president to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30-day withdrawal period, without congressional authorization for use of military force (AUMF) or a declaration of war by the United States. The resolution was passed by two-thirds each of the House and Senate, overriding the veto of President Richard Nixon.

It has been alleged that the War Powers Resolution has been violated in the past. However, Congress has disapproved all such incidents, and no allegations have resulted in successful legal actions taken against a president.

Discussed on

🔗 Copyright Law is 300 years old today.

🔗 Law 🔗 United Kingdom 🔗 Politics of the United Kingdom

The Statute of Anne, also known as the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), is an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the government and courts, rather than by private parties.

Prior to the statute's enactment in 1710, copying restrictions were authorized by the Licensing of the Press Act 1662. These restrictions were enforced by the Stationers' Company, a guild of printers given the exclusive power to print—and the responsibility to censor—literary works. The censorship administered under the Licensing Act led to public protest; as the act had to be renewed at two-year intervals, authors and others sought to prevent its reauthorisation. In 1694, Parliament refused to renew the Licensing Act, ending the Stationers' monopoly and press restrictions.

Over the next 10 years the Stationers repeatedly advocated bills to re-authorize the old licensing system, but Parliament declined to enact them. Faced with this failure, the Stationers decided to emphasise the benefits of licensing to authors rather than publishers, and the Stationers succeeded in getting Parliament to consider a new bill. This bill, which after substantial amendments was granted Royal Assent on 5 April 1710, became known as the Statute of Anne owing to its passage during the reign of Queen Anne. The new law prescribed a copyright term of 14 years, with a provision for renewal for a similar term, during which only the author and the printers to whom they chose to license their works could publish the author's creations. Following this, the work's copyright would expire, with the material falling into the public domain. Despite a period of instability known as the Battle of the Booksellers when the initial copyright terms under the Statute began to expire, the Statute of Anne remained in force until the Copyright Act 1842 replaced it.

The statute is considered a "watershed event in Anglo-American copyright history ... transforming what had been the publishers' private law copyright into a public law grant". Under the statute, copyright was for the first time vested in authors rather than publishers; it also included provisions for the public interest, such as a legal deposit scheme. The Statute was an influence on copyright law in several other nations, including the United States, and even in the 21st century is "frequently invoked by modern judges and academics as embodying the utilitarian underpinnings of copyright law".

Discussed on

🔗 Warez Scene

🔗 Computing 🔗 Internet culture 🔗 Law 🔗 Software 🔗 Software/Computing

The Warez scene, often referred to as The Scene, is an underground network of piracy groups specialized in obtaining and illegally releasing digital media before their official release date. The Scene distributes all forms of digital media, including computer games, movies, TV shows, music, and pornography. This network is meant to be hidden from the public, with the files shared only with members of the community. However, as files became commonly leaked outside the community and their popularity grew, some individuals from The Scene began leaking files and uploading them to file-hosts, torrents and EDonkey Networks.

The Scene has no central leadership, location, or other organizational culture. The groups themselves create a rule set for each Scene category (for example, MP3 or TV) that then becomes the active rules for encoding material. These rule sets include a rigid set of requirements that warez groups (shortened as "grps") must follow in releasing and managing material. The groups must follow these rules when uploading material and, if the release has a technical error or breaks a rule, other groups may "nuke" (flag as bad content) the release. Groups are in constant competition to get releases up as fast as possible. First appearing around the time of Bulletin Board Systems (BBSes), The Scene is composed primarily of people dealing with and distributing media content, for which special skills and advanced software are required.

Discussed on

🔗 Lèse-Majesté in Thailand

🔗 Law 🔗 Thailand

In Thailand, lèse-majesté is a crime according to Section 112 of the Thai Criminal Code. It is illegal to defame, insult, or threaten the monarch of Thailand (king, queen, heir-apparent, heir-presumptive, or regent). Modern Thai lèse-majesté law has been on the statute books since 1908. Thailand is the only constitutional monarchy to have strengthened its lèse-majesté law since World War II. With penalties ranging from three to fifteen years imprisonment for each count, it has been described as the "world's harshest lèse majesté law" and "possibly the strictest criminal-defamation law anywhere". Its enforcement has been described as being "in the interest of the palace".: 134 

The law has criminalised acts of insult since 1957. There is substantial room for interpretation, which causes controversy. Broad interpretation of the law reflects the inviolable status of the king, resembling feudal or absolute monarchs. Thailand's Supreme Court decided the law also applies to prior monarchs. Criticism of any privy council member has raised the question whether lèse-majesté applies by association. Even attempting to commit lèse-majesté, making sarcastic comments about the King's pet, and failure to rebuke an offense have been prosecuted as lèse-majesté.

Anyone can file a lèse-majesté complaint, and the police formally investigate all of them. Details of the charges are rarely made public. A Section 112 defendant meets with official obstruction throughout the case. There are months-long pretrial detentions, and courts routinely deny bail to those charged. The United Nations Working Group on Arbitrary Detention determined that the pretrial detention of an alleged lèse-majesté offender violated international human rights law. The courts seem not to recognise the principle of granting defendants the benefit of the doubt. Judges have said accusers did not have to prove the factuality of the alleged lèse-majesté material but only claim it is defamatory. Pleading guilty, then asking for a royal pardon, is seen as the quickest route to freedom for any accused.

Since the 1976 coup, coup makers have regularly cited a surge of alleged lèse-majesté charges as a reason for overthrowing elected governments. This was cited as one of the major reasons for the 2006 coup and that of 2014. In 2006 and 2007, there were notable changes in the trend. Those targeted by lèse-majesté complaints included more average citizens who were given longer jail sentences. Human rights groups condemned its use as a political weapon and a means to restrict freedom. The 2014 junta government granted authority to army courts to prosecute lèse-majesté, which has usually resulted in secret trials and harsh sentences. Prior to the law's revival in 2020, for three years the Thai government often invoked other laws, such as the Computer Crimes Act and sedition laws, to deal with perceived damages and insults to the monarchy. The longest recorded sentence was in 2021: 87 years imprisonment, reduced to 43 years because the defendant pleaded guilty. In 2023, the Supreme Court ordered a female politician from the Move Forward Party to be banned from politics for life due to her alleged lèse-majesté posts on social media.

Discussed on